As more people head to Rocky Point to purchase fuel, U.S. Customs and Border Protection is offering some guidance on what to expect when coming back into the U.S. use
As with anything else acquired while outside the U.S., fuel purchased in Mexico must be declared to the CBP officer when the traveler is applying for admission into the U.S. and making their customs declartion. The CBP officer will then make a determination if the fuel is for personal or commercial use. If a person purchases gasoline or diesel while in Mexico on other business, the purchase is considered incidental to their trip and may fall under their personal duty exemption, allowed every 30 days. The fuel must be for the vehicle being driven and in tanks being used to operate that specific vehicle.
If, however, a person goes to Mexico for the express purpose of buying fuel, the fuel is subject to proper importation requirements.
If a person purchases fuel for commercial purposes, such as to sell or to use for their business, the fuel becomes subject to commercial importation requirements and to all applicable requirements not only for CBP, but also for other agencies with statutory or regulatory requirements for fuel importation and transportation.
Determination of whether the fuel is for commercial or personal use, and whether it qualifies for the personal duty exemption, will be made on a case-by-case basis by U.S. Customs and Border Protection at the port of entry.